Johnson v. Glidden
South Dakota Supreme Court
Appeal from circuit court, Spink' county. Hon. A. W. Campbell, Judge. Action by Charlotte Johnson against Arthur J. Glidden, for damages in consequence of the alleged negligent use of a gun by defendant’s minor child. From a judgment on a verdict in favor of plaintiff, and from an order overruling his motion for a new trial, defendant appeals. The facts are stated in the opinion. Neither parent nor child is answerable as such for the acts of the other. Comp.
Read the full summary
Appeal from circuit court, Spink' county. Hon. A. W. Campbell, Judge. Action by Charlotte Johnson against Arthur J. Glidden, for damages in consequence of the alleged negligent use of a gun by defendant’s minor child. From a judgment on a verdict in favor of plaintiff, and from an order overruling his motion for a new trial, defendant appeals. The facts are stated in the opinion. Neither parent nor child is answerable as such for the acts of the other. Comp. Laws, § 2620. A father is not liable for the wrongful acts of his minor son unless the acts are committed with the father’s consent or…
1Opinion of the CourtHaney, J.
Plaintiff’s cause of action is thus stated in her complaint: “(1) That Earnest Glidden is the son of said defendant, and was on the 17th day of August of the age of 13 years, living at home with his said father, and under his custody, care, and control. ■ (2) That prior to said 17th day of August, 1895, said defendant carelessly and negligently purchased *239and gave to said Earnest Glidden a certain firearm, known as a gun, which said Earnest Glidden was in the habit of using in a careless and negligent manner, so as to endanger the life and-property of persons about him. all of which was well…
2Cases cited1 opinion
- Hoverson v. NokerWisconsin Supreme Court · 1884
3Cited by14 opinions
- Parker v. WilsonSupreme Court of Alabama · 1912
- Ellis v. D'AngeloCalifornia Court of Appeal · 1953
- Miller v. StevensSouth Dakota Supreme Court · 1934
- State Auto Insurance Companies v. B.N.C.South Dakota Supreme Court · 2005
- National Dairy Products Corporation v. FreschiMissouri Court of Appeals · 1965
9 more not listed; retrieve them via the Exa API.